BILL NUMBER: AB 1668	CHAPTERED  09/01/99

	CHAPTER   287
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	PASSED THE ASSEMBLY   MAY 25, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999
	AMENDED IN ASSEMBLY   APRIL 29, 1999

INTRODUCED BY   Assembly Member Knox

                        MARCH 15, 1999

   An act to amend Sections 45048 and 45049 of the Education Code,
relating to certificated school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1668, Knox.  Certificated school employees:  salary payment.
   Existing law authorizes each salary payment for a certificated
school employee for any calendar month to be made on the last working
day of the month and prohibits it from being paid earlier than the
last working day of the month and later than the 5th day of the
succeeding calendar month except for salary payments of teachers
employed for less than full time in classes for adults, in a day or
evening high school, or in a special day or evening class maintained
in connection with an elementary school who are required to be paid
on or before the 10th day of the succeeding calendar month for
services performed during the preceding calendar month.  Existing law
authorizes each salary payment for a certificated employee to be
made on the last working day of the payroll period and prohibits it
from being paid earlier than the last working day of the payroll
period and later than the 8th working day of the following payroll
period if the school district provides for the payment of the salary
once each 2 weeks, twice a month, or once each 4 weeks.
   Existing law requires a school district to pay a certificated
employee for performing teaching or other services in addition to his
or her regular teaching duties or at a summer school maintained by
the district for those services either in one lump sum or at an
hourly, daily, biweekly, quadriweekly, or monthly rate of pay.  If
the pay is in one lump sum, existing law requires the district to pay
the employee within 10 days after the termination of the services.
If the pay is at an hourly, daily, biweekly, quadriweekly, or monthly
rate, existing law requires the district to pay the employee within
10 days after the end of each calendar month or pay period during
which the services are performed.
   This bill would require, if the above-described salary payments
are not made timely, the amount of the salary payment due to be
increased by an amount of interest determined by a specified method
in the Revenue and Taxation Code with respect to the unpaid amount
for each day of delay.
   This bill would also provide that a certificated employee of a
school district who qualifies for a salary increase is required to be
paid the increased salary not later than 3 regular pay periods or 3
months, whichever is longer, after the employee files proper
documentation where required for the increase.  The bill would
require that all amounts due the employee resulting from the salary
increase and not paid to the employee at the time that the employee
actually received the increase be paid within 20 business days of the
date that the employee actually received the salary increase.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 45048 of the Education Code is amended to read:

   45048.  (a) Each salary payment for any calendar month may be made
on the last working day of the month and shall be paid not earlier
than the last working day of the month and not later than the fifth
day of the succeeding calendar month except that teachers employed
for less than full time in classes for adults, in a day or evening
high school, or in a special day or evening class maintained in
connection with an elementary school shall be paid on or before the
10th day of the succeeding calendar month for services performed
during the preceding calendar month.
   (b) If the school district provides for the payment of the salary
of employees employed in positions requiring certification
qualifications once each two weeks, twice a month, or once each four
weeks, pursuant to Section 45038, each salary payment may be made on
the last working day of the regular payroll period and shall be made
not earlier than the last working day of the regular payroll period
and not later than the eighth working day of the following regular
payroll period.
   (c) If a salary payment is not made timely as required by this
section, the amount of the salary payment due shall be increased by
an amount of interest on the unpaid amount for each day of delay.
   (d) A certificated employee of a school district who qualifies for
a salary increase shall be paid the increased salary not later than
three regular pay periods or three months, whichever is longer, after
the employee files proper documentation where required for the
salary increase.  The district shall additionally pay the employee
daily interest on the amount owed to the employee calculated from the
date that the employee was entitled to the salary increase if the
school district does not pay the employee his or her salary increase
within three regular pay periods or three months, whichever period is
longer, after the employee files proper documentation where required
for the salary increase.  All amounts due the employee resulting
from the salary increase and not paid to the employee at the time
that the employee actually receives the salary increase shall be paid
to the employee within 20 business days of the date that the
employee actually received the salary increase.  The district shall
additionally pay the employee daily interest on the amount owed to
the employee calculated from the date that the employee was entitled
to the salary increase if the district does not pay the employee all
amounts due the employee resulting from the salary increase within 20
business days following the date that the employee actually received
the salary increase.
   (e) The amount of interest required by subdivisions (c) and (d)
shall be determined by the method established in Section 19521 of the
Revenue and Taxation Code.
   (f) This section shall not prohibit a school district from making
a payment of earned salary before the last working day of the month
or regular payroll period.
  SEC. 2.  Section 45049 of the Education Code is amended to read:
   45049.  (a) When any school district employs a certificated
employee to perform teaching or other services in addition to his or
her regular teaching duties, or when a school district employs a
certificated employee to perform teaching or other services at a
summer school maintained by the district, the district shall pay the
employee for the services either in one lump sum or at an hourly,
daily, biweekly, quadriweekly, or monthly rate of pay.  If the pay is
in one lump sum, the district shall pay the employee within 10 days
after the termination of the services. If the pay is at an hourly,
daily, biweekly, quadriweekly or monthly rate, the district shall pay
the employee within 10 days after the end of each calendar month or
regular pay period during which the services are performed.
   (b) If a salary payment is not made timely as required by this
section, the amount of the salary payment due shall be increased by
an amount of interest on the unpaid amount for each day of delay.
   (c) A certificated employee of a school district who qualifies for
a salary increase shall be paid the increased salary not later than
three regular pay periods or three months, whichever is longer, after
the employee files proper documentation where required for the
salary increase.  The district shall additionally pay the employee
daily interest on the amount owed to the employee calculated from the
date that the employee was entitled to the salary increase if the
school district does not pay the employee his or her salary increase
within three regular pay periods or three months, whichever is
longer, after the employee files proper documentation where required
for the salary increase.  All amounts due the employee resulting from
the salary increase and not paid to the employee at the time that
the employee actually receives the salary increase shall be paid to
the employee within 20 business days of the date that the employee
actually received the salary increase.  The district shall
additionally pay the employee daily interest on the amount owed to
the employee calculated from the date that the employee was entitled
to the salary increase if the district does not pay the employee all
amounts due the employee resulting from the salary increase within 20
business days following the date that the employee actually received
the salary increase.
   (d) The amount of interest required by subdivisions (b) and (c)
shall be determined by the method established in Section 19521 of the
Revenue and Taxation Code.
